Failure to yield to emergency vehicle stationary

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VinnieV

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I received a ticket for the above titled offense. The statute is 257.653A. I was on a 3 lane highway traveling eastbound and there was a state trooper with lights on, on the right hand shoulder of the road with a car pulled over. I passed this trooper while traveling in the right hand lane of the 3 lane highway. I did not attempt to pull into the center lane while passing the trooper because I did not know that this was the law in Michigan. The trooper also told me that he had clocked me at 75 mph in a 70 mph zone. He only wrote me for the titled offense and there is no commentary notated on the ticket about what speed I was traveling at. His notation is as follows :
1M R/L REAR ANT 7 ADM 70 2151 ON STOP ALL EQUIP ON LIGHT TRF. I really don't know if I could have merged left because I never really considered doing so. Briefly, I was ignorant of the law and had no intention of breaking it had I known it. My driving record is free from any offense in the last 5 years and I'm wondering a couple of things. 1. Do I need an attorney since this is a misdemeanor ? 2. Do I have any reasonable defense in order to reduce or have this ticket thrown out by a judge ? 3.What should I say or do at my arraignment ?
 
If you are not aware of even the basic laws regarding driving, you should not have a license. You would be best served by hiring an attorney.
 
Not being aware of the law will not be a defense. Your best how here is that you have an otherwise clean record and you are able to have the matter reduced to an infraction. Since it is a misdemeanor you can request a public defender at the arraignment if you can't afford your own attorney. I doubt they will sick you with a misdemeanor for a first offense. Expect to pay fines and be done with it.
 
If you are not aware of even the basic laws regarding driving, you should not have a license. You would be best served by hiring an attorney.

I love people like you ! Your self serving narrow views make you feel better about yourself. Don't they ? You obviously did not read or consider my initial post. First of all this is not a basic law as you put it. It has only been on the books for 14 years. If it were basic it would have been on the books forever. Not just a recent addition to the law. You are a real Einstein aren't you ? Then there is my driving record. you blew right by that without considering it in your reply. No infractions on my record. Does that suggest to you that I am unaware of basic driving laws Einstein. Next time you are perusing the internet looking for a post to reply to in order to satisfy your narrow views or opinions , try picking something you actually can make a reasonable, valid point on. God help us if you were an attorney. The judge would lock us all up with your brilliant representation !
 
@mightymouse- Thank you for the reply. I had suspected as much but never being charged with a misdemeanor before had me a little concerned. I appreciate your help.
 
This is not an uncommon law and it is just common sense to move over when you see the shoulder has some sort of public safety vehicle engaged. Most states also have the same for tow trucks, plows and other service vehicles. Even in those states that have not codified the offense, you can still be cited for not moving over when it was possible to do so, and the officer felt you were causing a dangerous situation.

Not knowing the law is never an excuse. If it had just gone into effect, you might find a sympathetic judge but not with a law that had been on the books for over a decade. Nor does a clean record get you off the hook with this offense.
 
It's a law in every state... You can search hundreds of video on youtube of cars/trucks slamming into police while they have someone pulled over. If you can't merge into the next lane you must SLOW down before you approach. Doesn't matter if it's a fire truck, police etc.... if their lights are flashing it's move over or slow way down before you pass them.
 
I would talk to a traffic law attorney & see what she/he can do for you.
 
On the advice of a friend I went down to the court today which is a full week before I'm actually scheduled to appear and talked with a very helpful State Trooper and also the city attorney. City attorney says my past driving record will be considered and most likely help my situation. Both told me that I really have nothing much to be concerned about. It will most likely be pled down and I will pay a fine. This is the info I was hoping to get. Paying an attorney for something like this with my excellent driving record just doesn't make a whole lot of sense. Was not expecting to get charges dropped just avoid points on my record and higher insurance costs. Thanks to all who tried to help in this forum. I will repost the outcome once it has been decided.
 
For what it's worth, these laws are relatively modern. Someone who has been licensed to drive for 20+ years and has not had to take a driving test could easily be unaware of legislative changes. The only place I have ever seen signs about this law is at the state line, and that doesn't help residents who don't leave the state or aren't tuned in to the state legislature's business.
I've been working in law enforcement awhile now and I was even unaware California had enacted this law until this last year or so. It's easy to be unaware of, but unfortunately that doesn't hold up as an excuse in court.
 
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